It's a failure of understanding. Pirating isn't theft, as per many simple diagrams all over the net saying that the original isn't removed. The subtlety that's lost here on most of said people is that it isn't theft, but it isn't OK, either. It's not theft and shouldn't be punished as theft, because theft laws were designed to punish and compensate someone for the loss of their property. This doesn't happen in piracy, so, not, it's not theft..